ILLINOIS

POLL~7~ION

CONTROL

BOARD

January

7,

1993

ALICE

ZEMAN,

TONY

BERLIN,

RICHARD

ZILKA,

MICHAEL

TURLEK,

KEVIN

GREENE,

Petitioners,

v.

PcB

92—174

(Landfill

Biting)

VILLAGE

OF

SUMMIT

AND

(Consolidated

with

WEST

SUBURBAN

RECYCLING

PCB

92- 377)

AND

ENERGY

CENTER,

INC.,

Respondents.

DONNA

QUILTY,

)

)

Petitioner,

)

)

V.

)

PCB

92—177

BOARD

0?

TRUSTEES

AND

)

(Landf

ill

Biting)

MAYOR

OF

THE

VILLAGE

OF

)

(Consolidated

with

SUMMIT

AND

WEST SUBURBAN

)

PCB

92-174)

RECYCLING

~

ENERGY

CENTER,

)

INC.,

)

)

Respondents.

ORDER

0?

THE

BOARD

(by C

•

T. Girard):

On

December

23,

1992, Alice

Zeman,

Tony Berlin,

Richard

Zilka, Michael

Turlek,

Kevin Greene, and

Donna

Quilty’

(petitioners) filed a motion requesting

the

Board

to sanction the

Village of Summit for its failure to

comply

with

the Board’s

November 19, 1992 order.

The

Village has not

yet

filed

a

response to

the

motion.

In their motion, petitioners request

that

the

Board

order

the village to immediately

file

the

certified

record,

stay

the

proceedings

until

the Village complies with the Board’s November

19, 1992 order, and provides petitioners

a

period

of

tim.

to

review the record prior to hearing

equal

to the

time

it would

have had

if the

Village had timely complied with the Board’s

November 19,

1992

order.

In support of

their

request,

petitioners assert

that a certified copy of the record has not

been

filed by the Village as of

the date of

the

filing of the

motion.

Petitioners claim that, as a result of such failure,

they are unable to review the certified record

in

anticipation of

0138-0293

---

2

hearing and thus, are being denied a

fair

and

meaningful hearing.

Although

the

response time to the

petition.rs’ motion has

not yet

expired,

the

Board

will

rule

on

the

motion to prevent

undue

delay.

35

Iii.

Ads. Code 101.241(b).

In

its

November 19,

1992 order, the

Board

set this

matter

for hearing and directed

the

Village

to

prepare

and

file

the

record

on appeal no

later

than

December

10, 1992

•

On December 17,

1992, however,

the

Board

issued an order directing

the

Village to file the record on or

before

January

4,

1993.

A review of

the

Clerk’s

files

shows that

the

Village’s

attorney filed a portion of

the

record on January

4,

1993,

and

the

remainder of

the

record’

on

January

5, 1993.

The Board

notes,

bovever,

that

the

January

5,

1993

filing

was

not

accompanied

by

a

motion for leave to file

the

record

instanter.

The

Village also

has failed to file a

certification

of the record.

The

Board

directs the

Village

to

fil,

the

required

motion and

certification

at

the January 7, 1993 hearing.

Bcause

the

hearing

begins

on

January

.7,

1993,

and

the

Board’s

February

25, 1993 decision

deadline

has

not

been waived,

the

Board

is

unable

to

cancel

the

hearing

or

give petitioners additional

time

to

review

the

record.

Accordingly,

the Board

denies

petitioners’

*otion

for sanctions.

IT

IS

SO

ORDERED.

I, Dorothy K.

Gunn,

Clerk

of

the Illinois Pollution Control

Board,

hereby

ce

,

fy that

the

above

order

was

adopted

on

tj~e

?~

dayof

_____________,1993,byavóteof

~

y~~1~•

~,

Dorothy M/~unn,Clerk

Illinois ~.$llution

Control

Board